VIOLATIONS/OFFENSES AGAINST R.A.

8041
Section 8 of R.A. 8041 provides that: Sec. 8. Anti-Pilferage. - It is hereby declared unlawful for any person to: a. Destroy, damage or interfere with any canal, raceway, ditch, lock , pier, inlet, crib, bullhead, dam, gate, service, reservoir, aqueduct, water mains, water distribution pipes, conduit, pipes, wire benchmark, monument, or other works, appliance, machinery buildings, or property of any water utility entity, whether public or private; b. Do any malicious act which shall injuriously affect the quantity or quality of water or sewerage flow of any waterworks and/or sewerage system, or the supply, conveyance, measurement, or regulation thereof, including the prevention of, or interfere with any authorized person engaged in the discharge of duties connected therewith; c. Prevent, obstruct, and interfere with the survey, works, and construction of access road and water mains and distribution network and any related works of the utility entity; d. Tap, make, or cause to be made any connection with water lines without prior authority or consent from the water utility concerned; e. Tamper, install or use tampered water meters, sticks, magnets, reversing water meters, shortening of vane wheels and other devices of steal water or interfere with accurate registry or metering or water usage, or otherwise result in its diversion in a manner whereby water is stolen or wasted; f. Use or receive the direct benefit or water service with knowledge that diversion, tampering, or illegal connection existed at the time of that use, or that the use or receipt was otherwise without the authorization of water utility; g. Steal or pilfer water meters, main lines, pipes and related or ancillary facilities; h. Steal water for profit or resale; i. j. Knowingly possess stolen or tampered water meters ;and Knowingly or willfully allow the occurrence of any of the above.

PRIMA FACIE EVIDENCE

Section 9 of R.A. 8041 provides that: Sec. 9. Prima Facie Evidence. - The presence of any of the following circumstances shall constitute prima facie evidence of theft, pilferage, or of any unlawful acts enumerated in Section 8 hereof: a. The existence of illegal or unauthorized tapping to the water main or distribution pipe; b. The existence of any illegal connection such as a reversed meter, shortened vane wheel, bypass or other connections which adversely affect the registration of the water meter; c. The presence of a bored hole in the glass cover of the water meter, or at the back of or any part of the meter including the vertical vane; d. The presence of tampered or fake seals on the meters. Inspection of tampered water meters shall be done in the presence of the registered water consumer; e. The presence of a reversed meter in the premises, insertion of rod, wire, or stick in the meter, filed or shortened vane wheel, removal or altering of any part of the meter mechanism, use of magnet and any similar illegal devices which interfere with the meter registration; f. Destruction of the meter protection and other metering accessories; or g. Abnormal imprints, traces or marks found in the meter assembly. The prima facie evidence shall not apply to tenants who have occupied the house or dwelling for ninety(90) days or less.

Sec. 10. Special Aggravating Circumstances. - The following shall be considered as aggravating: a. When the violation is committed in conspiracy with at least another person, both of whom shall be considered as principals;

b. When the offense is committed by, or in connivance with, private plumber, officer or employee, of the water utility concerned, who shall all be considered as principals; or c. When the violation is coupled with the sale from a source which is illegal, unregistered, or a source with a tampered meter.

PROCEDURES IN APPREHENSION AND IMPOSITION OF PENALTIES AS AUTHORIZED BY R.A. 8041 OTHERWISE KNOWN AS THE WATER CRISIS ACT

Section 11 of R.A. 8041 provides that:

Sec. 11. Penalties. The Water utility concerned shall have the right and authority to disconnect the water services, five (5) days after-service of written notice to that effect, except on Sundays and holidays, without need of a court or administrative order, and deny restoration of the same, when a prima facie evidence of theft or pilferage shall have been established in accordance with Section 8 hereof: Provided, That a notice shall have been issued even upon discovery for the first time of the presence of any of the circumstances herein enumerated: Provided further, That the water service shall not be disconnected or shall be immediately restores upon deposit, by the person concerned, of the concerned, of the difference in the billing made by the water utility concerned: Provided, finally, That the deposit shall be credited against future billings , with legal interest thereon where the alleged theft, pilferage or current diversion has not been committed, without prejudice to being indemnified for damages in accordance with the Civil Code and other existing laws. A written notice of seventy-two (72) hours is necessary to effect water service disconnection upon the discovery for the second time of any of the circumstances enumerated in Section 8 hereof. Any person who shall violate Section 8 hereof shall be punished by imprisonment of six (6) months to two (2) years and a fine of not exceeding double the amount of the value of the water stolen or the value of the damaged facilities : 3

Provided, however, That if the offender is assisted in the commission of the crime by a plumber, officer or employee of the water utility concerned, the said employee, officer or plumber shall be punished by imprisonment of two (20 years to six (6) years: Provided, further, That if the water is stolen for profit or resale, the offender shall be punished imprisonment from six (6) to twelve (12) years. If the offender is a juridical person, the penalty shall be imposed on the chairman, president, general manager, administrator, and the officers thereof who shall have knowingly permitted, or are otherwise responsible for the commission of the offense.

PROCEDURES UNDER THE IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 8041

SECTION 5.6 PROCEDURAL GUIDELINES FOR ACTS COVERED UNDER SECTION 5.4 OF THESE IRR. SECTION 5.6.1 - INVESTIGATION OF REPORTS ON ILLEGAL CONNECTION AND UNLAWFUL ACTS UNDER R.A. NO. 8041 a) The water/sewer utility concerned shall investigate reports on water/sewer service illegalities and shall complete the investigation within one week from receipt of the report. The one week period shall cover assessment and payment of fines and charges and the issuance of closing orders. b) The water/sewer utility concerned shall notify the owner/user regarding its result of the investigation by serving the Notice of Investigation Report indicating the violation, to be signed by the household resident. i) If the owner/user does not respond in writing to the charges made within five (5) days from receipt of said Notice of Investigation, the water/sewer utility shall close the water/sewer service at the tapping point. At the end of each day, the water/sewer utility concerned shall prepare a list of water/sewer services for permanent closing and shall execute the same.

ii)

iii) The water/sewer utility concerned shall maintain a database of all reports received, action taken thereon and status of each case. c) The water/sewer utility concerned shall cause undercollection and filing of appropriate charges. the assessment of

SECTION 5.6.2 - CASES OF ILLEGALITIES/UNLAWFUL ACTS SUBJECT TO IMMEDIATE CLOSING

a) Unauthorized/unregistered water/sewer service which does not conform to the standards and specifications of the water/sewer utility service. b) Illegal additional water/sewer service connections to a remote registered water/sewer service. c) By-Pass connections. d) Water service not connected to water meter in case of double tapping. e) Illegally re-opened water/sewer services. f) Water services which were illegally separated from the mother meter, in the case of multiple dwellings. g) Water/sewer services whose original tapping locations have been illegally transferred/relocated. h) Cases involving second violation of the same person or entity, whether or not in the same location/address.

SECTION 5.6.3 - CASES WHERE THE REGISTERED WATER SERVICE MAY NOT BE IMMEDIATELY CLOSED BUT SUBJECT TO CLOSING AT THE TAPPING POINT. a) Water services whose owner uses a booster pump in order to draw water directly from the water main. The use of a booster pump directly connected to the water main is generally illegal and its use shall be discontinued, unless otherwise expressly authorized by the water/sewer utility concerned. 5

b) Water service from which water is drawn and sold. The water/sewer utility concerned shall notify registered owner of water services wherefrom water is drawn and sold to stop from selling water within five (5) days from receipt of the notice. The water/sewer utility concerned shall close the water service at the tapping point. c) Water services found with illegalities like drawing water before the meter, from service cock/improperly classified service and other manner of tampering of water meter. The water/sewer utility concerned shall notify the registered owners water services found with such illegalities within five (5) days from receipt of the notice. If the owner refuses to comply, disconnection at the tapping point shall be implemented.

SECTION 5.6.4 UNREGISTERED SEWER CONNECTION Reports on unregistered sewer connection shall be handled by the water/sewer utility concerned in the same way of handling the unregistered water connection as discussed in the previous section of these IRR.

SECTION 5.6.5 - CHARGES These charges are subject to change by the water utility concerned:

a) All assessment of under-collection shall be certified correct by the authorized representative of the water/sewer utility. b) Depending on the type of illegality, the owner/user shall pay the following charges: i) Unauthorized/Unregistered Water Service Connection

(A) Estimated Water Consumption Undercollection shall start from the date of installation of the unauthorized/unregistered water service or six (6) months up to date of discovery, whichever is longer. The volume of the water to be undercollected shall depend on the size of the service pipe and nature of use of the water service as shown below and shall be based on the prevailing water/sewer rate.

(A.1.) Domestic Service Service Pipe Average Daily Consumption (cu.m.) 1 2 3 Average Monthly Consumption (cu.m.) 30 60 90

25mm 32 mm 38mm

(A.2.) Commercial Service the average monthly consumption shall be twice that of the domestic water/sewer service of the same size. (A.3.) Industrial and Sea Transport the average monthly consumption shall be three (3) times that of the domestic water/sewer service of the same size. Note: For unauthorized/unregistered water service connections with sizes 50 mm and above used continuously like in building construction, fishpond, sea transport and the like, the continuous flow method which make use of the Table shown in Annex A shall be adopted. (B) Estimated Damage to Watermain of the Water Utility and Closing of Tapping Point This includes cost of repair of watermain and closing of tapping point (repair includes labor, materials, equipment and restoration of pavement) counting from unbilled and unsupervised installation of the unauthorized water service and shall be in accordance with the following rates by size of service pipe: TYPE OF PAVEMENT
MAIN SIZE CONCRETE PAVEMENT CONCRETE SIDEWALK ASPHALT UNPAVED

For SP with sizes from 25 to 32 mm 50 75 100 150 200 250 300 400 P 12,400 12,480 12,600 12,700 13,200 14,000 14,400 14,800 7 P 6,400 6,480 6,600 6,700 7,200 8,000 8,400 8,800 P 4,409 4,480 4,600 4,700 5,200 6,000 6,800 6,800 P 3,400 3,480 3,600 3,700 4,200 5,000 5,400 5,800

For SP with sizes from 50 to 150 mm 50 75 100 150 200 250 300 400 18,000 20,000 22,000 26,000 30,000 36,000 40,000 66,000 12,000 20,000 16,000 20,000 24,000 30,000 34,000 60,000 10,000 12,000 14,000 18,000 22,000 28,000 32,000 58,000 9,200 11,200 13,200 17,200 21,200 27,200 31,200 57,200

ii) Unauthorized/Unregistered Sewer Service (a) Undercollection of Sewer Charges this is equal to sixty (60%) percent of the estimated water consumption. Please refer to Sec. 5.8.5 b.(1) of these IRR for the computation of the estimated water consumption. In case the owner does not have a water service connection, the estimated water consumption shall be equivalent to five (5) cu. M./capita/month. However, for families with less than four (4) members, the estimated consumption shall be equivalent to fiftenn (15) cu.m./connection/month (b) Estimated Damage to Sewermain This includes cost of repairs arising from unskilled and unsupervised installation of the unauthorized sewer service and shall be in accordance with the following rates: Size of Sewer Service Pipe 100 mm (4) 150 mm (6) 200 mm (8) Sewer manhole Flat Rate (pesos) 15,000 21,000 27,000 30,000

iii) Unauthorized Watermain Extension The respective owners/users of the water services connected to unauthorized watermain extension shall pay the charges enumerated under Sec. 5.6.5. b. (i) of these IRR.

iv) By-Pass Connection/Double Tapping/Tampering of Water meter/Service Cock/Gale Valve/Meter Protector or any part of the Vertical Meter Assembly. (a.1) In cases where the date when illegality started is known, undercollection shall be based on the highest registered consumption from that date increased by 100 percent. (a.2.) If the date of installation/commission of the illegality could not be established, undercollection shall start from the month immediately following that month with the highest registered consumption in the past three years (reckoned from the date of discovery of the illegality) to date of correction or removal of the illegality but shall not be less than six (6) months. The consumption shall be increased by 100 percent (100%). (a.3) In cases where the consumption registered in the meter reading books could not be used as basis estimated consumption for a minimum period of six (6) months. (a.4) The estimated consumption shall be based on the consumption of the owners/users for two (2) to six (6) months after the disconnection of the by-pass/water service not connected to the meter (in case of double tapping) removal of the tampering device/repair of the service cock/gale valve increase by 100 percent. v) Unauthorized Advance Use of Stub-outs the owner/user shall pay a monthly average consumption depending on the size of the stub-out and nature of its use as shown in Sec. 5.6.5 b. (I) of these IRR. Undercollection shall start from the date of energization of the water main until the registration of the water service. In case of multiple dwellings, the average monthly consumption of 30 cu.m. shall be applied for assessment of undercollection. Should there be no available information as to the date of energization, basis of undercollection will be a consumption of one year or the established date of use (upon presentation of building permit, deed of sale or lease contract and/or certificate of occupancy) whichever is longer. vi) Illegally Re-opened Abandoned Services (a) Unpaid Accounts The present user of the water/sewer service which is illegally re-opened shall be accountable for the unpaid accounts of the said water service. (b) Unbilled Water Consumption If the meter is in good working condition before the water service was closed, the registered owner 9

shall pay for the average monthly consumption based on three months normal billing increased by one hundred percent (100 %). Otherwise, the water to be undercollected. (c) Cost of Closing at Tapping Point/Reconnection The water/sewer utility concerned shall collect the re-opening fee upon settlement of undercollection charges/penalties and outstanding accounts, at the rates equivalent to the actual cost of disconnection at tapping point and reconnection which shall initially be set as follows: Concrete Pavement Concrete Sidewalk Asphalt Pavement Unpaved/Escombro P 18,000 9,000 6,000 4,500

Said fees are subject to revision as deemed necessary by the MWSS. (d) Meter Charges the cost of meter for the re-opened service shall be shouldered by the offender-customer.

vii) Selling of Water (a) Undercollected Water Consumption using the commercial rate, the registered owner/user shall be charged undercollection based on the billed volume of water from the time he started selling water up to the time of disconnection of the water service but not less than six (6) months. (a.1) in addition, a notice will be served advising the customers to stop selling water. If selling activity still exists despite notice, disconnection of the service will be implemented unless otherwise expressly authorized by the water/sewer utility concerned. (a.2) Re-opening of the water service will be allowed upon payment of undercollection and execution of affidavit pledging to stop selling of water. (a.3) Any existing water service connection which were originally classified under residential rate but which were reclassified to commercial rate due to selling water be reverted back to residential rate. 10

viii) Illegal Change of Pipe/Size of Service Pipe/Illegal Transfer of Tapping Location/Separation of Additional Water Service (a.1) Estimated Damage to Mainline The owner/user shall pay the estimated cost of damage to mainline based on the size of service pipe, as shown in Sec. 5.6.5 b.l of these IRR. (a.2) Offenders on Illegal change of pipe/size of service pipe/illegal separation of water service will pay the estimated cost of damage to mainline based on the size of service pipe and restoration fees based on the type of pavement. (a.3) On these cases, disconnection of all activities will be undertaken. Restoration to its original location size/status will also be implemented. Regular application for these changes in service connections will be made with the water/sewer utility concerned.

ix) Unauthorized/Unregistered Public Faucet (a) Undercollection of water Consumption the undercollection shall be determined by the number of the families and the water pressure within the vicinity. (b) Users will be advised to form Barangay Water Association/Community Water Association (BWA/CWA) and elect their respective officials to manage the public faucet. (c) The users shall pay guaranty deposit equivalent to two (2) months estimated consumption.

SECTION 5.6.6 - PAYMENT OF CHARGES The charges shall be paid in cash as soon as they have been established. Upon receipt of payment for the undercollection of water consumption/penalties, the water/sewer utility concerned shall issue a Clearance to the owner/user which shall be the basis in processing the owners application for water/sewer service.

SECTION 5.6. 7 - MONITORING AND CONTROL The water/sewer utility concerned shall closely monitor all activities related to the implementation of the Anti-Pilferage provisions of this Act and shall periodically report to the respective Boards. 11

SECTION 5.7 - PENALTIES In addition to the undercollection being charged to unregistered water/sewer service connections, the following penalties shall be imposed pursuant to the provisions of Section11 of R.A. No. 8041. (a) The Water utility concerned shall have the right and authority to disconnect the water services, five (5) days after-service of written notice to that effect, except on Sundays and holidays, without need of a court or administrative order, and deny restoration of the same, when a prima facie evidence of theft or pilferage shall have been established in accordance with Section 8 hereof: Provided, That a notice shall have been issued even upon discovery for the first time of the presence of any of the circumstances herein enumerated: Provided further, That the water service shall not be disconnected or shall be immediately restores upon deposit, by the person concerned, of the concerned, of the difference in the billing made by the water utility concerned: Provided, finally, That the deposit shall be credited against future billings , with legal interest thereon where the alleged theft, pilferage or current diversion has not been committed, without prejudice to being indemnified for damages in accordance with the Civil Code and other existing laws. (b) Imprisonment of six (6) months to two (2) years and a fine not exceeding double the amount of the value of the water stolen of the value of the damaged facilities shall be imposed on the offender. (c) Any plumber, officer or employee of the water/sewer utility concerned who assists the officer in the commission of the crime shall be punished by imprisonment of two (2) years to six (6) years. (d) When water stolen by the offender is resold or extended for profit, the offender will be punished by imprisonment by imprisonment from six (6) to twelve (12) years. (e) If the offender is a juridical person, the penalty shall be imposed on the Chairman, President, general Manager, Administrator and the officers who shall have knowingly permitted, or are otherwise responsible for the commission of the offense. (f) Any person with pending cases of illegal water/sewer service connections prior to the approval of this Act shall be required to apply for legal water/sewer service connection and pay all penalties, within (10) days from receipt of the final demand letter 12

which must be issued from within a 10-day period from the effectivity of R.A. No. 8041. Non-compliance shall subject the offender to the full force and effect of the Anti-Water Pilferage provisions of R.A. No. 8041. (g) For recidivists, a written notice of seventy-two (72) hours is necessary to effect water service disconnection upon the discovery for the second line of any of the circumstances enumerated in Section 5.3 of these IRR.

SECTION 5.8 - ASSISTANCE OF BARANGAY OFFICIALS Whenever possible and practical the services of Barangay Officials should be tapped by the water/sewer utility concerned in the survey of household connections that are illegally connected with the water/sewer line of the water/sewer utility, as well as those without water meters.

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